Marginal note:Regulations for tradeable units systems

326. The Governor in Council may, in the exercise of a regulation-making power under section 93, 118, 140, 167, 177 or 209, make regulations respecting systems relating to tradeable units, including regulations providing for, or imposing requirements respecting,

(a) the substance, product containing a substance or quantity or concentration of the substance that is released or activity in relation to which the system is established;

(b) the methods and procedures for conducting sampling, analyses, tests, measurements or monitoring under the system;

(c) the description and nature of a tradeable unit, including allowances, credits or coupons;

(d) the baselines to be used for comparison or control purposes in relation to the system and the maximum limits applicable to the system and the manner of determining those baselines and maximum limits;

(e) the conditions related to the creation, distribution, exchange, sale, use, variation or cancellation of a tradeable unit;

(f) the creation, operation and management of a public registry related to the system;

(g) the conditions for the use of and participation in the system, including environmental or temporal limits;

(h) reports and forms related to the system; and

(i) the maintenance of books and records for the administration of any regulation made under this section.

Marginal note:Ministerial orders

327. Despite any regulation made under section 326, the Minister may issue an order setting conditions in respect of the trading or suspend or cancel trading of tradeable units or invalidate any trade of tradeable units where the Ministers are of the opinion that the trade or use of a tradeable unit

(a) has or may have an immediate or long-term harmful effect on the environment;

(b) constitutes or may constitute a danger to the environment on which human life depends; or

(c) constitutes or may constitute a danger in Canada to human life or health.

Regulations Respecting Fees and Charges

Marginal note:Services and facilities

(a) prescribing the fees or a scale of fees or the manner of determining the fees to be paid for a service, the use of a facility or any right, privilege, process or approval;

(b) prescribing the persons or classes of persons by whom or on whose behalf the fees are to be paid and requiring the fees to be paid by those persons or classes of persons;

(c) exempting any person or class of persons from the requirement to pay any of those fees; and

(d) generally, in respect of any condition or any other matter in relation to the payment of fees for a service, facility, right, privilege, process or approval referred to in paragraph (a).

Marginal note:Appropriate Minister

(2) For the purpose of subsection (1), where the Minister or the Minister of Health or both Ministers have responsibility for a service, facility, right, privilege, process or approval referred to in paragraph (1)(a), that Minister or both Ministers, as the case may be, have the power to make the regulations under subsection (1) in relation to that service, facility, right, privilege, process or approval.

Marginal note:Amount not to exceed cost

(3) Fees for a service or the use of a facility that are prescribed by or under regulations made under subsection (1) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.

Marginal note:Amount

(4) Fees for processes or approvals that are prescribed by or under regulations made under subsection (1) shall in the aggregate not exceed an amount sufficient to compensate Her Majesty in right of Canada for any reasonable costs incurred by Her Majesty for the purpose of providing the processes or approvals.